Marco Corona Lopez v. Kevin Raycraft et al.

Summary

The United States District Court for the Western District of Michigan denied Marco Corona Lopez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that, based on the then-current status of the termination and revocation of Venezuela’s Temporary Protected Status designation, Lopez had not shown that he currently held TPS or held it when detained, and therefore could not establish that his detention violated 8 U.S.C. § 1254a(d)(4).

Holdings

1. A noncitizen may not obtain release under § 1254a(d)(4) based solely on TPS unless the noncitizen establishes that he had TPS at the relevant time. Because Petitioner failed to show that he currently had TPS or had TPS when detained, his § 2241 petition was denied.
2. The court denied the § 2241 petition because Petitioner failed to demonstrate that his detention violated federal law based on his asserted prior TPS.

Questions Presented

1. Whether Petitioner was entitled to release under 28 U.S.C. § 2241 because 8 U.S.C. § 1254a(d)(4) prohibits detention of a noncitizen who has TPS on the basis of immigration status.
2. Whether Petitioner established that he currently possessed TPS or possessed TPS when he was taken into ICE custody.

Disposition

writ_denied